Bill Text: IL HB6315 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: Creates the Task Force on Inventorying Employment Restrictions Act of 2016. Reconstitutes the Task Force on Inventorying Employment Restrictions in the Illinois Criminal Justice Information Authority. Provides that for each occupation under specified State agency jurisdiction for which there are employment restrictions based on criminal records, each State agency must provide the Task Force with a report, on or before November 1, 2016 and each even-numbered year thereafter, for the previous 2-year period, setting forth certain information concerning job titles, the statutory or regulatory authority for the restrictions, and other information required by the Act. Provides that on or before September 1, 2017 and each subsequent odd-numbered year, all State agencies shall produce a report for the Task Force that describes the employment restrictions that are based on criminal records for each occupation under the agency's jurisdiction and that of its boards, if any. Provides that the Task Force shall report to the Governor and the General Assembly its findings, including recommendations as to any employment restrictions that are not reasonably related to public safety, before January 1 of each even-numbered year beginning in 2018. Repeals the Task Force on Inventorying Employment Restrictions Act. Deletes provisions from this Act that were in the previous Act that stated that the provisions of the Act are subject to resources being made available to the Illinois Criminal Justice Information Authority to implement the Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-04-22 - Rule 19(a) / Re-referred to Rules Committee [HB6315 Detail]

Download: Illinois-2015-HB6315-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB6315 Introduced , by Rep. Jehan A. Gordon-Booth SYNOPSIS AS INTRODUCED:
New Act
20 ILCS 5000/Act rep.
Creates the Task Force on Inventorying Employment Restrictions Act of 2016. Reconstitutes the Task Force on Inventorying Employment Restrictions in the Illinois Criminal Justice Information Authority. Provides that for each occupation under specified State agency jurisdiction for which there are employment restrictions based on criminal records, each State agency must provide the Task Force with a report, on or before November 1, 2016 and each even-numbered year thereafter, for the previous 2-year period, setting forth certain information concerning job titles, the statutory or regulatory authority for the restrictions, and other information required by the Act. Provides that on or before September 1, 2017 and each subsequent odd-numbered year, all State agencies shall produce a report for the Task Force that describes the employment restrictions that are based on criminal records for each occupation under the agency's jurisdiction and that of its boards, if any. Provides that the Task Force shall report to the Governor and the General Assembly its findings, including recommendations as to any employment restrictions that are not reasonably related to public safety, before January 1 of each even-numbered year beginning in 2018. Repeals the Task Force on Inventorying Employment Restrictions Act. Deletes provisions from this Act that were in the previous Act that stated that the provisions of the Act are subject to resources being made available to the Illinois Criminal Justice Information Authority to implement the Act. Effective immediately.
LRB099 19333 RLC 43725 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB6315 LRB099 19333 RLC 43725 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Task
Force on Inventorying Employment Restrictions Act of 2016.
Section 5. Purpose. The General Assembly finds and
declares that:
(1) public safety dictates the adoption of employment
restrictions to protect vulnerable populations, to prevent the
risk of loss and liability, and to minimize the likelihood of
harm to the public, fellow employees and customers;
(2) gainful employment after release from prison is one of
the critical elements necessary to achieve successful reentry
after prison and that employment has been shown to reduce
recidivism;
(3) to make our communities safer, public safety also
requires that employment opportunities not be so restricted
that people with criminal records are unable to engage in
gainful employment;
(4) many State laws and policies impose restrictions on the
employment of persons with criminal records including State
government jobs, jobs in State-licensed, regulated and funded
entities, and jobs requiring State certification;

HB6315 - 2 - LRB099 19333 RLC 43725 b
(5) no comprehensive review of these restrictions has been
undertaken to evaluate whether the restrictions are
substantially related to the safety, trust and responsibility
required of the job or to the goal of furthering public safety;
(6) a less restrictive approach is preferred if it both
furthers public safety and preserves employment opportunities;
and
(7) the State's agencies, boards, and commissions can
assume a leadership role in providing employment opportunities
to people with criminal records by reviewing their employment
policies and practices and identifying barriers to employment
that can safely be removed to enable people with criminal
records to demonstrate their rehabilitation.
Section 10. Definitions. As used in this Act: "State
agencies" means the following State agencies, boards, and
commissions: Department on Aging, Department of Agriculture,
Office of Appellate Defender, Office of the State's Attorneys
Appellate Prosecutor, Illinois Arts Council, Office of the
Attorney General, Auditor General, Capital Development Board,
Department of Central Management Services, Department of
Children and Family Services, Civil Service Commission,
Illinois Department of Commerce and Economic Opportunity,
Illinois Commerce Commission, Illinois Community College
Board, State of Illinois Comprehensive Health Insurance Plan,
Office of the Comptroller, Department of Corrections, Criminal

HB6315 - 3 - LRB099 19333 RLC 43725 b
Justice Information Authority, Illinois Council on
Developmental Disabilities, Illinois Deaf and Hard of Hearing
Commission, Commission on Discrimination and Hate Crimes,
State Board of Education, Illinois Educational Labor Relations
Board, State Board of Elections, Illinois Emergency Management
Agency, Department of Employment Security, Environmental
Protection Agency, Illinois State Fair, Illinois Finance
Authority, Department of Financial and Professional
Regulation, Office of the First Lady, Illinois Gaming Board,
Office of the Governor, Guardianship and Advocacy Commission,
Department of Healthcare and Family Services, Board of Higher
Education, Historic Preservation Agency, Illinois Housing
Development Authority, Illinois Human Rights Commission,
Department of Human Rights, Department of Human Services,
Illinois State Board of Investment, Department of Juvenile
Justice, Office of the Lieutenant Governor, Department of
Labor, Illinois Labor Relations Board, Illinois Law
Enforcement Training Standards Board, Illinois Liquor Control
Commission, Illinois Lottery, Governor's Office of Management
and Budget, Illinois Medical District Commission, Department
of Military Affairs, Department of Natural Resources,
Pollution Control Board, Prairie State 2000 Authority,
Property Tax Appeal Board, Department of Public Health,
Illinois Prisoner Review Board, Illinois Racing Board,
Department of Revenue, Office of the Secretary of State, State
Fire Marshal, Illinois State Police, State Police Merit Board,

HB6315 - 4 - LRB099 19333 RLC 43725 b
State Retirement Systems, Office of the State Treasurer, State
Universities Civil Service System, State Universities
Retirement System, Illinois Student Assistance Commission,
Illinois Supreme Court, Illinois Teachers' Retirement System,
Illinois State Toll Highway Authority, Department of
Transportation, Department of Veterans Affairs', Governor's
Office of Women's Affairs, and Illinois Workers' Compensation
Commission.
Section 15. Task Force.
(a) The Task Force on Inventorying Employment Restrictions
is hereby created in the Illinois Criminal Justice Information
Authority. The purpose of the Task Force is to review the
statutes, administrative rules, policies and practices that
restrict employment of persons with a criminal history, as set
out in subsection (c) of this Section, and to report to the
Governor and the General Assembly those employment
restrictions and their impact on employment opportunities for
people with criminal records. The report shall also identify
any employment restrictions that are not reasonably related to
public safety.
(b) Within 60 days after the effective date of this Act,
the President of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the Senate, and the
Minority Leader of the House of Representatives shall each
appoint 2 members of the General Assembly to the Task Force.

HB6315 - 5 - LRB099 19333 RLC 43725 b
The term of office of any member of the public appointed by the
President of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the Senate, or the
Minority Leader of the House of Representatives serving on the
effective date of this Act shall end on that date. The Governor
shall appoint the Task Force chairperson. In addition, the
Director or Secretary of each of the following, or his or her
designee, are members: the Department of Human Services, the
Department of Corrections, the Department of Commerce and
Economic Opportunity, the Department of Children and Family
Services, the Department of Human Rights, the Department of
Central Management Services, the Department of Employment
Security, the Department of Public Health, the Department of
State Police, the Illinois State Board of Education, the
Illinois Board of Higher Education, the Illinois Community
College Board, and the Illinois Criminal Justice Information
Authority. Members shall not receive compensation. The
Illinois Criminal Justice Information Authority shall provide
staff and other assistance to the Task Force.
(c) On or before September 1, 2017 and each subsequent
odd-numbered year, all State agencies shall produce a report
for the Task Force that describes the employment restrictions
that are based on criminal records for each occupation under
the agency's jurisdiction and that of its boards, if any,
including, but not limited to, employment within the agency;
employment in facilities licensed, regulated, supervised, or

HB6315 - 6 - LRB099 19333 RLC 43725 b
funded by the agency; employment under contracts with the
agency; and employment in occupations that the agency licenses
or provides certifications to practice. For each occupation
subject to a criminal records-based restriction, the agency
shall set forth the following:
(1) the job title, occupation, job classification, or
restricted place of employment, including the range of
occupations affected in such places;
(2) the statute, regulation, policy, and procedure
that authorizes the restriction of applicants for
employment and licensure, current employees, and current
licenses;
(3) the substance and terms of the restriction, and:
(A) if the statute, regulation, policy or practice
enumerates disqualifying offenses, a list of each
disqualifying offense, the time limits for each
offense, and the point in time when the time limit
begins;
(B) if the statute, regulation, policy or practice
does not enumerate disqualifying offenses and instead
provides for agency discretion in determining
disqualifying offenses, the criteria the agency has
adopted to apply the disqualification to individual
cases. Restrictions based on agency discretion
include, but are not limited to, restrictions based on
an offense "related to" the practice of a given

HB6315 - 7 - LRB099 19333 RLC 43725 b
profession; an offense or act of "moral turpitude"; and
an offense evincing a lack of "good moral character";
(4) the procedures used by the agency to identify an
individual's criminal history, including but not limited
to disclosures on applications and background checks
conducted by law enforcement or private entities;
(5) the procedures used by the agency to determine and
review whether an individual's criminal history
disqualifies that individual;
(6) the year the restriction was adopted, and its
rationale;
(7) any exemption, waiver, or review mechanisms
available to seek relief from the disqualification based on
a showing of rehabilitation or otherwise, including the
terms of the mechanism, the nature of the relief it
affords, and whether an administrative and judicial appeal
is authorized; and
(8) any statute, rule, policy and practice that
requires an individual convicted of a felony to have his
civil rights restored to become qualified for the job; and
9 copies of the following documents:
(A) forms, applications, and instructions provided
to applicants and those denied or terminated from jobs
or licenses based on their criminal record;
(B) forms, rules, and procedures that the agency
employs to provide notice of disqualification, to

HB6315 - 8 - LRB099 19333 RLC 43725 b
review applications subject to disqualification, and
to provide for exemptions and appeals of
disqualification;
(C) memos, guidance, instructions to staff,
scoring criteria and other materials used by the agency
to evaluate the criminal histories of applicants,
licensees, and employees; and
(D) forms and notices used to explain waiver,
exemption and appeals procedures for denial,
suspensions and terminations of employment or
licensure based on criminal history.
(d) Each State agency shall participate in a review to
determine the impact of the employment restrictions based on
criminal records and the effectiveness of existing
case-by-case review mechanisms. The information required under
this subsection (d) shall be limited to the data and
information in the possession of the State agency on the
effective date of this Act. With respect to compliance with the
requirements of this subsection (d), a State agency is under no
obligation to collect additional data or information. For each
occupation under the agency's jurisdiction for which there are
employment restrictions based on criminal records, each State
agency must provide the Task Force with a report, on or before
November 1, 2016 and each even-numbered year thereafter, for
the previous 2-year period, setting forth:
(1) the total number of people currently employed in

HB6315 - 9 - LRB099 19333 RLC 43725 b
the occupation whose employment or licensure required
criminal history disclosure, background checks or
restrictions;
(2) the number and percentage of individuals who
underwent a criminal history background check;
(3) the number and percentage of individuals who were
merely required to disclose their criminal history without
a criminal history background check;
(4) the number and percentage of individuals who were
found disqualified based on criminal history disclosure by
the applicant;
(5) the number and percentage of individuals who were
found disqualified based on a criminal history background
check;
(6) the number and percentage of individuals who sought
an exemption or waiver from the disqualification;
(7) the number and percentage of individuals who sought
an exemption or waiver who were subsequently granted the
exemption or waiver at the first level of agency review (if
multiple levels of review are available);
(8) the number and percentage of individuals who sought
an exemption or waiver who were subsequently granted the
exemption or waiver at the next level of agency review (if
multiple levels of review are available);
(9) the number and percentage of individuals who were
denied an exemption or waiver at the final level of agency

HB6315 - 10 - LRB099 19333 RLC 43725 b
review, and then sought review through an administrative
appeal;
(10) the number and percentage of individuals who were
denied an exemption or waiver at the final level of agency
review, and then sought review through an administrative
appeal and were then found qualified after such a review;
(11) the number and percentage of individuals who were
found disqualified where no waiver or exemption process is
available;
(12) the number and percentage of individuals who were
found disqualified where no waiver or exemption process is
available and who sought administrative review and then
were found qualified; and
(13) if the agency maintains records of active licenses
or certifications, the executive agency shall provide the
total number of employees in occupations subject to
criminal history restrictions.
(e) The Task Force shall report to the Governor and the
General Assembly its findings, including recommendations as to
any employment restrictions that are not reasonably related to
public safety, before January 1 of each even-numbered year
beginning in 2018.
(20 ILCS 5000/Act rep.)
Section 97. The Task Force on Inventorying Employment
Restrictions Act is repealed.

HB6315 - 11 - LRB099 19333 RLC 43725 b
Section 99. Effective date. This Act takes effect upon
becoming law.